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(영문) 대구지방법원 2015.07.02 2014노2379
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant had no intention to deceive victims or to acquire money.

B. The lower court’s sentence (one year of imprisonment, two years of suspended execution) against the Defendant is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail under the title "a judgment on the defendant and his defense counsel's assertion", which is "a judgment on the defendant and his defense counsel's assertion" in the judgment of the court below, since the defendant and the defense counsel in the judgment of the court below are the same as the reasons for appeal of this case. In comparison with the above judgment of the court below, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts

Therefore, the defendant's above assertion of mistake is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s sole agreement with the victim KK and the Defendant did not want to punish the Defendant, and the Defendant’s return to the victim R KRW 10 million is favorable to the Defendant.

On the other hand, the defendant denies the criminal intent of fraud and does not reflect the mistake, and the defendant has two identical criminal records, and commits each of the crimes of this case during the period of suspended execution due to the same kind of crime, and even in the name of the victim amounting to KRW 20 million, the defendant did not agree with the above victim or did not perform the damage until the court of the trial.

In addition, all the sentencing conditions of the defendant in this case, such as the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, and the application of sentencing guidelines by the Sentencing Committee of the Supreme Court [decision of type] and there is no type 1 (less than KRW 100 million) (the scope of recommendations] (the scope of recommendations).

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